Kerala High Court
Rajasekharan Nair vs The Registrar Of Co-Operative ... on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77277
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 8751 OF 2024
PETITIONER:
RAJASEKHARAN NAIR
AGED 67 YEARS
S/O AYYAPPAN PAILLAI, GEETHA BHAVAN,
NEDUVATHOOR, NEELESWARAM P.O,
KOTTARAKKARA, KOLLAM, PIN - 691505
BY ADVS.
SAJU J PANICKER
KURIAN K JOSE
T.R.RAJAN(K/336/1993)
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
CO-OPERATIVE REGISTRAR OFFICE,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE SECRETARY
NEDUVATHOR PANCHAYATH SERVICE CO-OPERATIVE BANK,
NEELESWARAM P.O,
KOLLAM, PIN - 691505
3 THE SALE OFFICER
ASSISTANT REGISTRAR GENERAL OFFICE,
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WP(C) NO.8751 OF 2024
2
KOTTARAKKARA P.O, KOLLAM, PIN - 691506
4 CO-OPERATIVE SOCIETY ASSISTANT REGISTRAR
KOTTARAKKARA, KOLLAM,
PIN - 691506
BY ADVS.
SRI.MOHAMMAD SHIRAZ P M
SMT.KAVYA S.A.(K/578/2016)
SMT.MABLE C.KURIAN,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.8751 OF 2024
3
JUDGMENT
Dated this the 17th day of October, 2024
The petitioner states that he had joined four chitties of the
2nd respondent-Bank in the year 2015. The petitioner cleared
the chitty transactions on 30.11.2019 and the 2 nd respondent
had issued receipts for full satisfaction of the chitty amount.
2. The 3rd respondent has now issued Exts.P5 to P7
Execution Applications against the petitioner, his wife and
daughter demanding ₹70,500/-. The petitioner had not taken
any loan or involved in any chitty dealings with the 2 nd
respondent-Bank other than the above. The petitioner filed a
complaint before the Co-operative Assistant Registrar,
Kottarakkara against the illegalities and notice sent by the 2 nd
respondent- Bank. The petitioner states that the children of the
petitioner never stood as guarantors for any of the transactions
with the Bank.
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3. The action Initiated against the petitioner and his
family members is illegal. The chitty transaction was closed in
the year 2019. The only transaction with the Bank is the said
chitty transaction. Exts.P5 to P7 notices are illegal and are to
be set aside, contends the petitioner.
4. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1
and 4 and the learned Standing Counsel representing the 2nd
respondent.
5. The specific case of the petitioner is that the
petitioner had repaid the entire money due to the MDS
transactions and that Exts.P2 and P3 would show that the
said accounts were closed. However, subsequently, on the
basis of the Arbitration Award, recovery proceedings are
initiated against the petitioner for recovering the amount
already paid by the petitioner.
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WP(C) NO.8751 OF 2024
6. Standing Counsel representing the 2nd respondent,
on the other hand, would submit that Exts.P2 and P3 are
fabricated documents and a police complaint has already
been filed in this regard. Be that as it may, these are disputes
which required factual adjudication.
7. As the petitioner did not have the opportunity to
defend the arbitration proceedings, the petitioner has filed
Exts.P14 and P16 applications to set aside the ex-parte
Award and Exts.P15 and P17 delay condonation applications
before the Arbitrator.
8. In view of the facts as stated above, I am of the
view that it would be only in the interest of justice that the
Arbitrator considers the applications submitted by the
petitioner to set aside the Award and the petitions for
condoning the delay in fling the arbitration.
9. Government Pleader would submit that the power
of the Arbitrator to condone the delay is a question to be
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decided. At any rate, if any objection is raised to that effect,
the Arbitrator may consider the same also.
In the facts of the case, the writ petition is disposed of
directing the Arbitrator, A & E Inspector Senior Inspector
(Office of the Assistant Registrar (General), Co-operative
Society, Kottarakkara) to consider Exts.P14 to P17
applications of the petitioner and take appropriate decision
thereon, after giving opportunity of hearing to the petitioner
and the 2nd respondent. The petitioner shall serve a copy of
this judgment on the Arbitrator for compliance. The benefit of
the interim order passed by this Court in this writ petition shall
enure to the benefit of the petitioner till the Arbitrator takes a
decision on Exts.P14 to P17.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.8751 OF 2024
APPENDIX OF WP(C) 8751/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LETTER DATED
29.10.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED
30.11.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED
30.11.2019 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE PASS BOOK OF THE
2ND RESPONDENT BANK,
Exhibit P5 THE TRUE COPY OF THE EA DEMAND NOTICE
DATED 21.02.2024 ISSUED TO THE
PETITIONER
Exhibit P6 THE TRUE COPY OF THE EA DEMAND NOTICE
DATED 21.02.2024 ISSUED TO THE
PETITIONER'S WIFE .
Exhibit P7 THE TRUE COPY OF THE EA DEMAND NOTICE
DATED 21.02.2024 ISSUED TO THE
PETITIONER'S DAUGHTER.
Exhibit P8 THE TRUE COPY OF THE JANAMBHUMI DAILY
DATED 12.07.2020 PUBLISHING THE
CORRUPTION IN THE 2ND RESPONDENT BANK .
Exhibit P9 THE TRUE COPY OF THE MATHRUBHUMI
10.07.2020 PUBLISHING THE CORRUPTION IN
THE 2ND RESPONDENT BANK.
Exhibit P10 THE TRUE COPY OF THE COMPLAINT DATED
NIL FILED BEFORE THE 4TH RESPONDENT IS
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WP(C) NO.8751 OF 2024
PRODUCED.
Exhibit P11 TRUE COPY OF THE APPLICATION FOR
INFORMATION DATED 5/7/2024 SUBMITTED BY
THE WRIT PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P12 TRUE COPY OF THE APPLICATION FOR
INFORMATION DATED 10/7/2024 SUBMITTED
BY THE WRIT PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P13 TRUE COPY OF THE APPLICATION FOR
INFORMATION DATED 5/2/2024 FOR
SUBMITTED BY THE WRIT PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P14 TRUE COPY OF THE PETITION TO SET ASIDE
EXPARTE AWARD IN ARC NO 4938/2022 FILED
THE PETITIONER AND 2 OTHERS BEFORE THE
4TH RESPONDENT
Exhibit P15 TRUE COPY OF THE PETITION TO CONDONE
THE DELAY IN FILING EXHIBIT P14 FILED
BY THE PETITIONER AND 2 OTHERS BEFORE
THE 4TH RESPONDENT
Exhibit P16 TRUE COPY OF THE PETITION TO SET ASIDE
EXPARTE AWARD IN ARC NO 4884/2022 FILED
BY THE PETITIONER AND 2 OTHERS BEFORE
THE 4TH RESPONDENT
Exhibit P17 TRUE COPY OF THE PETITION TO CONDONE
THE DELAY IN FILING EXHIBIT P16 FILED
BY THE PETITIONER AND 2 OTHERS BEFORE
THE 4TH RESPONDENT
RESPONDENT'S EXHIBITS
Exhibit- R2[a} TRUE PHOTO COPY OF AWARD IN ARC NO.
4938/2022 OF ASSISTANT REGISTRAR OF CO-
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WP(C) NO.8751 OF 2024
OPERATIVE SOCIETIES,KOTTARAKKARA
Exhibit- R2[b} TRUE PHOTOCOPY OF AWARD IN ARC NO-
4884/2022 OF ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES KOTTARAKKARA
Exhibit- R2[c} TRUE PHOTOCOPY OF RECEIPT NO.87577
DATED 8/11/2013 ISSUED TO THE
PETITIONER IN RESPECT OF GDS
NO.13/10/24
Exhibit- R2[d} TRUE PHOTOCOPY OF COMPLAINT DATED
27/4/2024 OF THE 2ND RESPONDENT
Exhibit- R2[e} TRUE PHOTOCOPY OF RECEIPT DATED 27-4-
2024 ISSUED BY KOTTARAKKARA POLICE
STATION
